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Chronicle AM -- November 8, 2013

State level marijuana legalization activists look ahead, Colorado announces hemp farming rules, Denver backs away from a backyard pot-smoking ban, and strife continues in Mexico. Let's get to it:

Marijuana Policy

Kansas Activists Announce Marijuana Legalization Billboard Campaign. The Kansas activist group Fire It Up Kansas has announced a billboard campaign to push for marijuana legalization. The first billboard is going up near the Kansas Star Casino in Mulvane, with more coming shortly. The group made headlines recently when it was denied a chance to participate in the adopt-a-highway program. Kansas has some of the toughest pot laws in the nation, with second time possession punishable by up to 3 ½ years in prison and a $100,000 fine (!).

Massachusetts Activists Look to 2016 Marijuana Legalization Initiative. A group has formed to try to put marijuana legalization on the 2016 Massachusetts ballot. Bay State Repeal, composed of veteran activists, said it had filed paperwork this week to get the process rolling. The group will test-drive different versions of legalization with non-binding referendum questions next year in selected House and Senate districts, a strategy that has worked well for Bay State activists for more than the last decade.

Maine Marijuana Legalization Advocates Eyeing 2014, 2016. In the wake of the successful personal marijuana legalization initiative in Portland, Maine's largest city, advocates are aiming for legalization statewide, either through the legislative process next year, or, if the legislature balks, through the initiative process in 2016.

Columbia, Missouri, Councilwoman Wants Reduced Penalties for Marijuana Grows. Columbia Councilwoman Barbara Hoppe has asked city staff to draft an ordinance reducing penalties for those caught growing small numbers of pot plants for personal use. Under the ordinance, people caught growing six or fewer plants would face a misdemeanor charge with a maximum $250 penalty. State law considers any marijuana cultivation a felony. Hoppe acted after a proposal from Missouri Civil Liberties Union head Dan Viets, a long-time drug policy reformer and Benton Berigan, head of the University of Missouri NORML chapter.

No Backyard Pot Smoking Ban in Denver. The Denver City Council has scrapped its misbegotten effort to ban backyard pot smoking. Instead, the latest draft ordinance only bans smoking on the front porches of private property visible to the public. The latest proposal also decreases criminal penalties for the display and sale of marijuana in public parks to a $100 fine and 24 hours of community service.

Medical Marijuana

Michigan Medical Marijuana Bill Moving. A bill that would allow "pharmaceutical grade" marijuana to be sold in dispensaries advanced this week, passing the Senate Government Operations Committee on a 3-0 vote. The measure, Senate Bill 660, seeks "to provide for the licensure and regulation of facilities to grow and test pharmaceutical-grade pot, and allow those facilities to sell the drug to pharmacies to dispense." Patients who registered under the bill could acquire two ounces of pharmacy medical marijuana each month, but would lose the ability to grow their own.

Industrial Hemp

Colorado Announces Hemp Production Rules. The Colorado Department of Agriculture Wednesday announced proposed rules for industrial hemp production, which was legalized in the state last year by Amendment 64. Under the proposed rules, farmers would pay annual fees of at least $200 and submit to inspections to ensure they're growing hemp, not marijuana. Hemp production remains illegal under federal law, but at least one Colorado farmer has already grown and harvested a crop without federal government interference.

International

Mexican "Self Defense" Groups Agree to Back Off Front Confrontations with Drug Cartel. Earlier this week, leaders of two "self defense" groups in Michoacan state said they would pull back from confrontations with the Knights Templar drug trafficking organization after the Mexican government promised to crack down on the cartel. The groups had marched in the cartel stronghold of Apatzingan late last month, sparking confrontations that left at least five people dead and hundreds of thousands without electricity. Since then, the federal government has sent troops into the key Michoacan port of Lazaro Cardenas, and vigilante leaders are waiting for the government to do the same in Apatzingan.

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM--November 6, 2013

Voters in Colorado and Michigan approve marijuana measures (and so do voters in Portland, Maine--see our news brief this issue), another New Mexico anal drug search victim emerges and the Mexican military moves into Lazaro Cardenas. Let's get to it:

Marijuana

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Search and Seizure

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog—Leo the K-9—alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

International

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

Chronicle AM -- November 4, 2013

Remember Bernie Goetz? He made the news again over the weekend, and so did Florida's medical marijuana initiative. There's also drug policy news from around the world. Let's get to it

Colorado medical marijuana dispensaries like this one could reopen as adult pot stores on January 1. (wikipedia.org)
Marijuana

Let A Hundred Pot Shops Bloom…in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I’ve seen the research, I’ve studied the issue, and I’ve met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I’m signing the petition to get this important measure on the ballot in 2014 and I’m calling on all of my friends and supporters to do the same.  There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

International

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST. 

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shoot-outs between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle Daily News--October 31, 2013

Here's our first try at altering our format to continue to bring you comprehensive coverage of what's going on in the war on drugs and the world of drug reform. Look for this or something similar on a daily basis from now on. Let's get to it:

Marijuana

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.  

Drug Testing

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here and here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members. 

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

Chronicle Book Review: "Our Lost Border" and "The Fight to Save Juarez"

Our Lost Border: Essays on Life Amid the Narco-Violence, Sarah Cortez and Sergio Troncoso, eds. (2013, Arte Publico Press, 290 pp., $19.95 PB)

The Fight to Save Juarez: Life in the Heart of Mexico's Drug War, Ricardo Ainslie (2013, University of Texas Press, 282 pp., $25.00 HB)

More than six years after then President Felipe Calderon unleashed the Mexican military to wage war against the country's wealthy, powerful, and murderous drug trafficking organizations -- the so-called cartels -- Calderon is gone, but the unprecedented violence unleashed by his campaign continues largely unabated. The new administration of President Enrique Pena Nieto is claiming some successes, but lauding the fact that the killings are now going on a rate of only a thousand or so a month is more a sign of how far things still have to go than have far we have come.

While talking a good game about how his administration is going to pursue a different path from that of his predecessor, Pena Nieto has in fact largely maintained Calderon's policies. The military is still out in the field fighting cartel gunmen, the government still shouts out with pride whenever it captures a top capo (and it has captured three in the past six weeks), and Pena Nieto's plan for a national gendarmerie to replace the soldiers is busily vanishing before our eyes.

Rhetorical flourishes notwithstanding, it still looks much like the same old Mexican drug war, even if it isn't garnering the attention north of the border that it did last year. The reason for that lack of attention now may not be nefarious. Last year was a presidential election year in both countries. For the US electorate, that meant the border and the Mexican drug war was an issue; for the Mexicans, the drug war came to define Calderon's tenure. Now, the elections are over and attention (at least north of the border) has turned elsewhere.

But for the people who actually live on the border, the issue isn't going away. And even if the violence, the corruption, and the criminality miraculously vanished tomorrow, the scars -- physical and psychological -- remain. Too many people have died, too many communities have been devastated, too many decapitated heads have been left in too many places. Local economies have been devastated, long-time cross-border ties, familial and otherwise, disrupted.

At best, one can say that Rio Grande Valley Mexican border towns like Ciudad Juarez, Nuevo Laredo, Reynosa, and Matamoros have already been through the worst of the conflagration -- like a forest after a wild fire, most of the combustible fuel is gone. The scores have largely been settled on the Mexican side of the Rio Grande: The Sinaloa Cartel has severely weakened its rival Juarez Cartel, the Zetas have nearly eliminated the Gulf Cartel. While only a couple of years ago, Juarez and the other valley cities were ground zero for the Mexican drug war, the fire has moved on, to place like Michoacan, Durango, and Chihuaha City.(Although, after these recent captures of cartel leaders, things could flare up again as rival underlings scramble to replace them and rival cartels scramble to take advantage.)

In The Fight to Save Juarez, psychoanalyst and multi-media documentarian Ricardo Ainslie details life in El Paso's sister city during the worst of the cartel violence, relying on a quite impressive series of interviews with then Mayor Jose Reyes Ferriz, human rights workers, state and federal government officials, cartel gun molls, and ordinary citizens. Ainslie provides a smart, detailed, and fascinating look at a city devastated by anarchic violence and the winking complicity that accompanied it.

One of his most striking achievements is to narrate the outbreak of war between the Juarez Cartel and the encroaching Sinaloans, and to locate the opening of hostilities squarely in the ranks of the Juarez municipal police. Ainslie makes painfully clear how corrupted the department was, with a high proportion of its membership doing double duty as La Linea, the strong-armed enforcers and executioners for the Juarez Cartel. It was those guys who were targeted by the Sinaloa Cartel, first with exemplary executions, then with invitations to switch sides, then with more executions of those police who refused their offer. And the gang war was on.

Ainslie deftly navigates the intricacies of state (not so much, thanks to a corrupted Chihuahua governor), local, and federal efforts to do something about the savagery and about the police department. The bloodletting in Juarez, already festering in the national imagination, became Mexico's issue number one after the massacre of neighborhood youth at a party in Villas de Salvarcar by cartel gun men, and Ainslie was there as Calderon and his ministers were forced to come to Juarez and take the heat for the results of their policies.

Ainslie brings nuance and subtlety to his reporting, illuminating political rivalries and the interplay of different levels of government, as well as the human suffering and economic disruptions involved. The Fight to Save Juarez clears away much of the murkiness surrounding what went on in Juarez during those bloody years beginning in 2008, and places the struggle there in the context of a society where just about everyone is complicit in one way or another in the gravy train that is the Mexican drug trade.

What Ainslie does not do is question drug prohibition. For him, drug prohibition is simply a given, and the answers to Mexico's problems with prohibition-related violence and corruption must come from somewhere other than reevaluating the drug laws. That said, his reporting is still a valuable contribution to understanding the realities of Mexico's drug war.

Similarly, the essays in Our Lost Border generally do not question drug prohibition. What they do do, with uneven degrees of success, is bring life in a war zone home at a very personal level. Whether is it Richard Mora lamenting the loss of the Tijuana of his youth or Diego Osorno writing about the wholesale abandonment of a Rio Grande Valley town to warring cartel factions in "The Battle for Ciudad Mier," these Mexican and Mexican-American writers describe a cherished past vanquished by a bloody, horrifying present.

And Our Lost Border is bilingual, the essays appearing in both Spanish and English. That is appropriate and even symbolic; Mexico's drug war isn't just Mexico's. As Americans, we own it, too, and for border Mexican-Americans or even as Anglos with cross-border ties, this isn't about violence in a distant land, this is about the binational community, friends, and family.

Neither of these books even pretends to be an anti-prohibitionist manifesto. But that's okay. They both help us achieve a richer, deeper understanding of what is going on on the border in the name of the drug war. We can draw our own conclusions.

Mexico's New Drug War Looks Like the Old Drug War

Mexican President Enrique Pena Nieto came into office in December vowing to break with his predecessor's reliance on the Mexican military to fight the so-called drug cartels. He said he wanted to concentrate on lowering crime and increasing public security instead of making high-profile busts or killings of cartel leaders, and he said he would create a militarized national police force to replace the military in drug fighting.

But Pena Nieto announced last week that the new militarized national police force has been shrunk from 40,000 to 5,000, with his government citing concerns from civil society that the initiative should go through the legislature. And his administration clarified that only 1,400 members had so far been recruited, and the "national gendarmarie" would not take the field until July 2014.

Meanwhile, even though the government has been touting a 20% reduction in the number of drug war killings, the blood-letting continues at the rate of about a thousand dead a month, and the military continues to be deeply involved. The number of dead in Mexico's drug war since Felipe Calderon called in the military six years ago is now somewhere north of 80,000, with additional tens of thousands "disappeared."

And while the government has said it was shifting its focus from going after cartel leaders to reducing crime, it has scored three major victories against cartel capos in the last six weeks. Authorities detained Zetas cartel kingpin Miguel Angel Trevino, alias "Z-40," on July 15, followed by Gulf cartel leader Mario Ramirez Trevino on August 17, and over the weekend, they managed to roll up "Ugly Betty," otherwise known as Alberto Carillo Fuentes, the head of the battered Juarez Cartel.

The Juarez Cartel had fought, and apparently lost, a nasty turf war with the Sinaloa Cartel, but remains a player in the country's drug trade. While the capture of leaders of the Zetas, the Gulf Cartel, and the Juarez Cartel are significant, critics worry that their removal from the playing field will result in more violence as underlings fight to replace them.

The Mexican public is demonstrating mixed feelings over Pena Nieto's version of the drug war. According to an El Universal poll conducted last week, almost half thought that drug war violence had increased. Some 49% of respondents said it had, up nine points from February, while only 25% thought security had improved and another 25% thought things were about the same.

Still, only 34% said they thought Pena Nieto's strategy had made the country less safe, down from the 53% recorded in May 2012, during the last months of the Calderon presidency. And 59% said they had seen evidence of a new strategy, compared to 24% saying they saw no difference.

When it comes to restoring order and public safety, Mexicans were split on how to do it. Only 10% wanted more arrests and trials of cartel bosses, while 24% wanted to see the cartels smashed, and 27% said the priority should be to lower the violence.

Mexico

Mexican Cartels Not in "Over 1,000 US Cities," Washington Post Report Finds

The refrain that Mexican drug cartels "now maintain a presence in over 1,000 cities" has been widely heard ever since the claim was first made in a 2011 report by the now defunct National Drug Intelligence Center (NDIC). But the Washington Post reported Sunday that it isn't true.

The US-Mexico border. The cartels are mainly on the other side of the fence. (wikimedia.org)
The figure is "misleading at best," law enforcement sources and drug policy analysts told the Post. The number was arrived by asking law enforcement agencies to self-report and not based on documented criminal cases involving Mexico's drug trafficking organizations, the so-called cartels.

DEA and Justice Department officials speaking off the record told the Post they didn't believe the numbers.

"It's not a DEA number," said a DEA official who requested anonymity. "We don't want to be attached to this number at all."

"I heard that they just cold-called people in different towns, as many as they could, and said, 'Do you have any Mexicans involved in drugs? And they would say, 'Yeah, sure,' " a Justice Department official told the Post, also anonymously.

The Post also interviewed police chiefs in towns with supposed cartel presence who said they were surprised to be included in the list of cities penetrated by the cartels. "That's news to me," Middleton, NH police chief Randy Sobel told the Post. Corinth, MS, police chief David Lancaster told the Post. "I have no knowledge of that."

Drug policy and drug trafficking analysts also scoffed at the number.

"They say there are Mexicans operating here and they must be part of a Mexican drug organization," said Peter Reuter, a University of Maryland professor and former co-director of the Rand Corporation's Drug Policy Research Center. "These numbers are mythical, and they keep getting reinforced by the echo chamber."

"Washington loves mythical numbers," former longtime Office of National Drug Control Policy (ONDCP) official John Carnevale told the Post. "Once the number is out there and it comes from a source perceived to be credible, it becomes hard to disprove, almost impossible, even when it's wrong."

The analysts said the claim was part of pattern in the drug war of promoting questionable statistics to justify drug enforcement budgets.

"At a time when agency budgets are being cut, you want to demonstrate that you are protecting the public from a menace," said Eric Sterling, president of the Criminal Justice Policy Foundation, a drug- and policing-policy reform group. "If you say there are Mexican henchmen in 1,000 cities, you don't want to cut their budget."

The unjustifiably high number also resulted from definitional problems with the NDIC's effort.

"These definitions are interchangeable and indistinguishable," said Peter Andreas, a Brown University professor whose book "Smuggler Nation" was recently reviewed here. "This is a particularly egregious example of a pattern that unfortunately has not gotten a lot of scrutiny."

The "1,000 cities" canard isn't the only cartel myth widely circulating. For years, law enforcement in the Western US has claimed that Mexican cartels are behind large-scale marijuana grows in national forests and other public lands.Then, in January of this year, ONDCP was forced to admit there was no evidence of cartel involvement in such marijuana grows.

"Based on our intelligence, which includes thousands of cell phone numbers and wiretaps, we haven't been able to connect anyone to a major cartel," Tommy Lanier, head of ONDCP's National Marijuana Initiative, admitted to the Los Angeles Times in January.

He said law enforcement had long mislabeled marijuana grown on public land as "cartel grows" because Mexican nationals had been arrested in some cases and because raising the cartel threat was good for getting federal funding.

But Lanier's admission hasn't stopped local law enforcement from trying to play the cartel card. At least three have done so just this month: Police in San Luis Obispo, California said a marijuana grow there was "associated with Mexican drug cartels" even though no one has been arrested. Police in Grass Valley, California, warned of an "illegal Mexican cartel grow." And, police in Cedar City, Utah, said that marijuana grows on public lands were "big business for the Mexican drug cartels that operate them."

Leahy Blocks Release of Some Mexican Drug War Aid

Sen. Patrick Leahy (D-VT), head of the Senate Appropriations Committee, last week blocked the release of $95 million in funds destined to help Mexico prosecute its war on drugs, saying neither the US nor the Mexican governments had shown they had a clear strategy for moving forward.

Sen. Patrick Leahy
The money was appropriated as part of the Merida Initiative, a Bush-era plan to support the Mexican government's crackdown on the country's violent and powerful drug cartels. The Merida Initiative was a $1.4 billion, multi-year foreign assistance program, but it has had no appreciable impact on either the violence or the drug trade there.

"The whole things looks like coughing up money with no accountability," a Leahy aide told CQ Roll Call.

Leahy had originally blocked a $229 million State Department request for Plan Merida funding last fall, but the committee released $134 million in April after receiving a 2 ½ page explanation from State. The committee held up the remaining $95 million pending further information from the US and Mexican governments, but neither government had responded by last week, so last Thursday, Leahy reconfirmed the hold on the funds and called on both governments to define a joint strategy that could succeed.

"We received less than three pages of explanation," said the Leahy aide. "Senator Leahy does not sign away a quarter of a billion dollars just like that."

In addition to concerns over the lack of strategic vision, Leahy also has raised alarms about increasing human rights violations as the Mexican government handed a larger role to the military and about the issue of coordination and consultation. His aide said that lack of a clear difference in vision under new Mexican President Enrique Pena Nieto also contributed.

Washington, DC
United States

Cartel Violence Flares in Western Mexican State

The Mexican government may have scored a victory earlier this month with the arrest of Miguel Angel Trevino Morales, the leader of the violent and powerful Zetas drug trafficking organization, but nobody told the Knights Templar, another drug trafficking organization based in the western Mexican state of Michoacan. They have been involved in recent violence there that has left dozens dead, including a Mexican vice-admiral.

(wikimedia.org)
Michoacan is a key state in the Mexican drug business. Precursor chemicals and cocaine from South America flow through the Pacific port of Lazaro Cardenas, while the state is also known for methamphetamine production and marijuana cultivation.

Last week, the Knights unleashed a wave of attacks on federal police in the state, resulting in the deaths of 20 cartel members and two federal police officers. Another 15 federal police officers were wounded. Those attacks took place last Tuesday, when the Interior Ministry reported that federal police around the state were subjected to "pre-planned" ambushes carried out by "individuals with large arms hidden in the hills."

"In all the cases, authorities repelled the aggressions to return order to the areas," the statement said.

Those attacks came just a day after a bloody clash in the Western Michoacan city of Los Reyes that pitted members of a local "self-defense" group against cartel gunmen.  The self-defense group was marching to city hall to protest the presence of the Knights Templar when gunmen opened fire on them, killing five and wounding seven.

Rising violence in Michoacan in recent weeks and months has inspired both the formation of the local "self defense" groups and the insertion of thousands of federal soldiers and police into the state in May at the behest of Mexican President Enrique Pena Nieto. Local citizens complain that, in addition to their drug trafficking activities, the Knights have engaged in a broad campaign of extortion, rape, and murder of common citizens, while Pena Nieto views their presence as a threat to his efforts to turn attention away from the drug wars and to Mexico's economic development.

The violence did end with the Tuesday ambushes. Two days later, three more federal police were killed and six wounded in another ambush, this one near the state's southern border with Guerrero. The following days, the bodies of four people were found hanging at the entrance to El Limon de La Luna, where some of the worst clashes between the Knights and unhappy locals have taken place. Before the arrival of the military in May, dozens of people had died in clashes between the Knights and the "self-defense" groups.

On Sunday, the Knights Templar gunned down Vice Admiral Carlos Miguel Salazar, one of Mexico's highest ranking Navy officers, and a bodyguard. Salazar's vehicle was traveling on a main highway, but was forced to detour onto an unpaved road after pro-Knights demonstrators holding signs saying "Federales Out" blocked the highway.

The vice admiral did not appear to be deliberately targeted, but his marked vehicle became a target of opportunity once it was forced onto the back roads. On Monday, Mexican authorities announced they had arrested three Knights in the killings.

Mexico

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